[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8756 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8756
To establish the Chief Artificial Intelligence Officers Council, Chief
Artificial Intelligence Officers, and Artificial Intelligence
Coordination Boards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2024
Mr. Connolly (for himself and Mr. Garbarino) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability, and in addition to the Committee on Science, Space, and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Chief Artificial Intelligence Officers Council, Chief
Artificial Intelligence Officers, and Artificial Intelligence
Coordination Boards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AI Leadership To Enable Accountable
Deployment Act'' or the ``AI LEAD Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 5002
of the National Artificial Intelligence Initiative Act of 2020
(15 U.S.C. 9401).
(3) Chief artificial intelligence officer.--The term
``Chief Artificial Intelligence Officer'' means an official
designated by the head of an agency pursuant to section
4(b)(1).
(4) Council.--The term ``Council'' means the Chief
Artificial Intelligence Officers Council established under
section 3(a).
(5) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(6) Relevant congressional committees.--The term ``relevant
congressional committees'' means the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives.
SEC. 3. CHIEF ARTIFICIAL INTELLIGENCE OFFICERS COUNCIL.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Director shall establish a Chief Artificial
Intelligence Officers Council.
(b) Duties.--The Council shall--
(1) promote artificial intelligence innovation and
responsible design, development, and application;
(2) oversee compliance with Governmentwide requirements,
including existing requirements for agencies to inventory and
publish use cases of artificial intelligence;
(3) develop recommendations for, and advise agencies on,
best practices for the design, acquisition, development,
modernization, use, operation, sharing, risk management,
auditing, and performance of artificial intelligence
technologies while ensuring privacy, security, and the
protection of civil rights and civil liberties;
(4) share experiences, ideas, and promising practices,
including work process redesign and the development of
performance measures to optimize Federal Government use of and
investments in artificial intelligence;
(5) in coordination with the Director of the Office of
Personnel Management, assess and monitor the hiring, training,
classification, and professional development needs of the
Federal workforce relating to artificial intelligence;
(6) examine and track the costs and benefits of artificial
intelligence use in the Federal Government, and make
recommendations for any limits that should be placed on the
acquisition, development, and use of artificial intelligence
and the capabilities of artificial intelligence;
(7) help improve the abilities of agencies to understand
artificial intelligence and intervene in crisis;
(8) review and analyze already deployed artificial
intelligence systems within the Federal Government for
potential harm; and
(9) assist the Director, as necessary, in--
(A) identifying, developing, coordinating, and
overseeing multi-agency projects and other initiatives
to improve Government performance;
(B) monitoring and managing risks relating to
developing, obtaining, or using artificial
intelligence, including by--
(i) promoting the development and use of
efficient, common, and shared approaches to key
processes that improve the delivery of services
for the public;
(ii) soliciting and providing perspectives
on matters of concern to the Council, as
appropriate, from and to--
(I) the Chief Financial Officers
Council;
(II) the Chief Human Capital
Officers Council;
(III) the Chief Acquisition
Officers Council;
(IV) the Chief Information Officers
Council;
(V) the Chief Data Officers
Council;
(VI) other interagency councils;
(VII) other key groups of the
Federal Government;
(VIII) industry;
(IX) academia;
(X) State, local, Tribal,
territorial, and international
governments; and
(XI) other individuals and
entities, as determined necessary by
the Director;
(iii) creating a framework for how agencies
can reduce risk in the design, development, and
use of artificial intelligence systems; and
(iv) implementing measurements and
producing specific guidance on use cases for
which the Federal Government should not be
developing, procuring, or using artificial
intelligence systems;
(C) ensuring artificial intelligence systems used
and procured by agencies are and have been responsibly
developed and evaluated such that the artificial
intelligence systems are transparent and secure, do not
infringe on privacy, and promote civil interests;
(D) continually monitoring the capabilities of
artificial intelligence systems used and procured by
the Federal Government; and
(E) ensuring accountability for the use and
procurement of artificial intelligence systems that
result in flawed, inaccurate, or biased decisions that
would impact individuals.
(c) Membership of CAIOC.--
(1) Chair.--The Director shall serve as the chair of the
Council.
(2) Cochair.--The cochair of the Council shall be--
(A) nominated by a majority of the members of the
Council; and
(B) designated as the cochair of the Council by the
Director.
(3) Members.--Members of the Council shall include--
(A) the Chief Artificial Intelligence Officer of
each agency described in section 901(b) of title 31,
United States Code;
(B) a representative from an agency with--
(i) advisory experience in scientific and
technological issues that require attention at
the highest level of Government; and
(ii) a role working with agencies to create
strategies, plans, policies and programs for
science and technology, including artificial
intelligence; and
(C) other members, as determined necessary by the
Director.
(4) Standing committees; working groups.--The Council shall
have the authority to establish standing committees and working
groups as necessary to consider items of concern to the
Council.
(d) Administrative Support.--The Administrator of General Services
shall provide administrative support for the Council.
SEC. 4. AGENCY ARTIFICIAL INTELLIGENCE OFFICERS.
(a) Duties of Agencies.--The head of each agency shall ensure the
responsible research, development, acquisition, application,
governance, and use of artificial intelligence by the agency that is
consistent with democratic values, including--
(1) privacy;
(2) civil rights and civil liberties;
(3) information security;
(4) nondiscrimination;
(5) transparency; and
(6) trustworthiness.
(b) Chief Artificial Intelligence Officer.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the head of each agency shall designate
a Chief Artificial Intelligence Officer with responsibility
for--
(A) promoting artificial intelligence innovation
and use within the agency to further the agency's
effectiveness and efficiency;
(B) providing input on the decision processes for
annual and multi-year planning, programming, budgeting,
and execution decisions, related reporting
requirements, and reports relating to artificial
intelligence of the agency;
(C) participating in internal control processes or
entities convened for the purpose of reviewing
artificial intelligence acquisitions throughout the
acquisition life cycle;
(D) producing a risk management plan for agency-
specific use cases of artificial intelligence,
including--
(i) a procedure for classifying risk levels
in agency use of artificial intelligence; and
(ii) specific guidance on use cases for
which the agency should not developing,
procuring, or using artificial intelligence
systems;
(E) in coordination with other responsible
officials of the agency--
(i) assessing and addressing agency
personnel requirements and professional
development requirements relating to artificial
intelligence; and
(ii) developing and overseeing agency
processes regarding the design, acquisition,
development, modernization, use, data
management, operation, sharing, and auditing of
artificial intelligence systems by the agency,
including existing requirements to inventory
and publish agency use cases;
(iii) ensuring artificial intelligence
policies of the agency comply with the
Constitution of the United States and
Governmentwide requirements;
(iv) ensuring all artificial intelligence
systems used and procured by the agency are and
have been responsibly developed and evaluated
such that the systems are transparent and
secure, do not infringe on privacy, and promote
civil interests;
(v) continually monitoring the capabilities
and impacts of artificial intelligence systems
used and procured by the agency; and
(vi) ensuring accountability for the use
and procurement of artificial intelligence
systems that result in flawed, inaccurate, or
biased decisions that would impact individuals;
(F) helping to improve the ability of the agency to
understand artificial intelligence and to intervene in
crisis;
(G) reviewing and analyzing already deployed
artificial intelligence systems of the agency for
potential harm; and
(H) performing other functions relating to
artificial intelligence, as determined by the Director
or the head of the agency.
(2) Structure.--The Director shall issue guidance on the
appropriate reporting structure, qualifications, and seniority
level for the role of a Chief Artificial Intelligence Officer.
(3) Seniority.--With respect to the Chief Artificial
Intelligence Officer of any agency described in section 901(b)
of title 31, United States Code, the Chief Artificial
Intelligence Officer shall be an executive with a position
classified above GS-15 of the General Schedule or the
equivalent.
(4) Roles.--The head of each agency shall ensure that the
Chief Artificial Intelligence Officer of the agency has a
significant role in--
(A) the decision processes for all annual and
multi-year planning, programming, budgeting, and
execution decisions, related reporting requirements,
and reports relating to artificial intelligence of the
agency; and
(B) the management, governance, acquisition, and
oversight processes of the agency relating to
artificial intelligence.
(5) Full-time employee.--
(A) In general.--To the extent practicable, each
Chief Artificial Intelligence Officer designated under
paragraph (1) shall be a full-time employee of the
agency on the date of the designation.
(B) Justification.--If the head of an agency
designates a Chief Artificial Intelligence Officer of
the agency who is not a full-time employee on the date
of the designation, the head of the agency shall
provide the Comptroller General of the United States a
justification for the designation of an individual who
is not a full-time employee, such as a lack of
qualified personnel.
(C) Inclusion in report.--The Comptroller General
of the United States shall include each justification
provided by the head of agency under subparagraph (B)
in the report required under section 6(a).
(c) Informing Congress.--Not later than 60 days after the date of
enactment of this Act, the head of each agency shall--
(1) inform the relevant congressional committees of the
appointment of a Chief Artificial Intelligence Officer pursuant
to subsection (b); and
(2) if relevant, provide to the relevant congressional
committees a full description of any authorities and
responsibilities of the individual serving as the Chief
Artificial Intelligence Officer that are performed in addition
to the authorities and responsibilities of the individual in
the role of the Chief Artificial Intelligence Officer.
SEC. 5. AGENCY COORDINATION ON ARTIFICIAL INTELLIGENCE.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Director shall issue guidance directing the
head of each agency described in section 901(b) of title 31, United
States Code, to establish within the agency an Artificial Intelligence
Coordination Board to--
(1) coordinate artificial intelligence issues of the
agency; and
(2) to the extent applicable to the agency, publish a
statement of principles and goals relating to artificial
intelligence.
(b) Contents.--The guidance issued under subsection (a) shall--
(1) define the structure and activities of Artificial
Intelligence Coordination Boards of agencies; and
(2) ensure that the membership of the Artificial
Intelligence Coordination Board of an agency may include, to
the extent applicable to the agency--
(A) the deputy head of the agency;
(B) the Chief Artificial Intelligence Officer of
the agency, who shall serve as the chair of the
Artificial Intelligence Coordination Board of the
agency;
(C) the chief information officer of the agency;
(D) the chief acquisition officer of the agency;
(E) the senior procurement executive of the agency;
(F) the chief data officer of the agency;
(G) the chief human capital officer of the agency;
(H) the chief financial officer of the agency;
(I) the senior agency official for privacy of the
agency;
(J) the senior agency official for civil rights and
civil liberties of the agency; and
(K) other individuals, as determined by the
Director.
(c) Strategy.--
(1) In general.--The head of each agency shall establish an
artificial intelligence strategy for the responsible and
trustworthy adoption of artificial intelligence by the agency
to better achieve the mission of the agency to serve the people
of the United States.
(2) Contents.--The strategy required under paragraph (1)
shall include the following:
(A) Defined roles and responsibilities for the use
and oversight of artificial intelligence by the agency,
including oversight of compliance with relevant laws,
regulations, standards, and guidance.
(B) Defined values, ethics, and principles to
foster public trust and responsible use of artificial
intelligence by the agency.
(C) The standards, regulations, investments,
practices, and other items the agency will use to
improve trust and safety and ensure that artificial
intelligence systems are designed, developed, and
deployed in a manner that protects the rights and
safety of individuals.
(D) How the agency will oversee artificial
intelligence systems and applications to identify and
mitigate risk and prevent harm, including with respect
to privacy, civil rights, civil liberties, and
information security.
(E) The considerations and safeguards the agency
will use to protect the rights and safety of the public
with respect to artificial intelligence, including
mitigation of algorithmic discrimination.
(F) The domains or areas in which the agency uses
or anticipates using artificial intelligence.
(G) The steps the agency will take to strengthen
workforce knowledge to maximize the value artificial
intelligence can bring to mission outcomes while
mitigating any associated risks.
(H) How and under what conditions the agency can
use artificial intelligence to improve the interactions
of the agency with the public and the fulfillment of
the mission of the agency, while protecting against
harmful impacts on agency employees or the public.
(I) How the agency will coordinate and work across
components, offices, and programs of the agency on
artificial intelligence-related matters.
(J) How the agency will engage in interagency
governance and coordination with respect to artificial
intelligence, including to leverage shared resources,
expertise, and lessons learned to better leverage
artificial intelligence to improve Federal Government
operations and mitigate the risks of artificial
intelligence.
(K) How the agency will promote the use and
availability of data to support the artificial
intelligence efforts of the agency in accordance with
statutory, regulatory, and policy requirements.
(L) How the agency will work with the private
sector to ensure that procured artificial intelligence
systems or capabilities include protections to
safeguard the rights and safety of individuals and to
secure Federal Government data and other information.
(M) An outline of specific actions to implement the
strategy of the agency and desired outcomes.
SEC. 6. GAO REPORTS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the relevant congressional committees a report on--
(1) the implementation and effectiveness of Artificial
Intelligence Coordination Boards established pursuant to
guidance issued under section 5(a);
(2) an assessment of agency implementation and the
effectiveness of Chief Artificial Intelligence Officers;
(3) recommendations for improving the implementation and
effectiveness of Artificial Intelligence Coordination Boards
established pursuant to guidance issued under section 5(a) and
Chief Artificial Intelligence Officers;
(4) an analysis by the Comptroller General of the United
States with respect to the costs and benefits of--
(A) the Federal implementation of artificial
intelligence; and
(B) the activities of the Artificial Intelligence
Coordination Boards established pursuant to guidance
issued under section 5(a);
(5) an assessment of the extent to which select agencies
appropriately consider the costs and benefits of the design,
development, deployment, and continuous monitoring of
artificial intelligence;
(6) an assessment of jobs that could be at risk of
dislocation and opportunities of other jobs with the Federal
Government and the economy of the United States as a result of
technological developments with respect to artificial
intelligence, including potential effects on blue collar and
white collar occupational categories;
(7) an inventory of artificial intelligence use cases of
each agency, including an assessment of how each agency
protects privacy and mitigates bias in the use by the agency of
artificial intelligence; and
(8) other relevant matters, as determined by the
Comptroller General of the United States.
(b) Additional Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the relevant congressional committees a report on the
impact of biased datasets on Federal use and implementation of
artificial intelligence systems.
SEC. 7. POST-ENACTMENT GUIDANCE FROM THE DIRECTOR.
Not later than 5 years after the date of enactment of this Act, the
Director shall--
(1) consider technological and other developments, current
and future requirements, and options for artificial
intelligence governance; and
(2) issue a directive to agencies--
(A) updating leadership roles, organizational
structures, and other matters relating to artificial
intelligence, as determined relevant by the Director;
and
(B) that includes an action plan and timeline for
implementation.
SEC. 8. SUNSET.
Effective on the date that is 90 days after the date of issuance of
the directive under section 7, this Act shall have no force or effect.
<all>